To the fullest extent required or permitted by law, including this chapter, all federal and state agencies and districts shall, in all actions considered, proposed or taken that effect or have the potential of effecting the use of land or natural resources within Malheur County:
A. Notify Malheur County, in writing, of any proposed action prior to the initial planning phase of the proposed action.
B. Consider the effects such actions will have on: 1) community stability, 2) maintenance of custom, culture and economic stability, 3) conservation and use of the environment and natural resources, and 4) access to natural resources, and provide Malheur County with a detailed assessment of these effects. The assessment shall include, at minimum, an analysis of the impacts on:
1. Forest and timber resources;
2. Range or dry land crops;
3. Livestock grazing rights on private and public lands;
4. Watershed resources;
5. Water rights and irrigated cropland;
6. Air, water (including surface and ground water), energy and soils;
7. Integrated resource planning and management in which the county, private parties and/or other public agencies are involved;
8. Multiple use, sustained yield and range resource laws and regulations and grazing rights;
9. Private investment in public land and resources;
10. Hunting, fishing and other outdoor recreation;
11. The society, customs and culture of the county, as well as schools and other local public services, including:
a. Impacts on culture due to population loss or relocation;
b. Impacts from proposed or foreseeable limitations or restrictions on cultural beliefs and practices, and maintenance of cultural and community cohesion;
c. Impacts on the ability of local government to protect the health, safety, social and cultural well being of its citizens;
d. Impacts on cultural and community aesthetics, including historical natural resource vistas, river ways and landscapes;
e. Impacts on the ability of local government to promote local environmental values, resource protection and development;
f. Impacts on the ability of local government to finance local public programs and services through bonding, lending and other fixed mechanisms;
g. Identification of tax revenue loss to local government and schools;
h. Impacts on local emergency medical services, law enforcement, fire protection and nuisance abatement;
i. Impacts on local government infrastructure, including transportation, landfill services and public water systems, including those provided through irrigation and reclamation districts; and
j. Cumulative and long term impacts on local community stability and well being.
12. Local economy, customs, services and businesses, which shall include:
a. Impacts on private, investment expectations;
b. Impacts on the economic value of water rights and real property;
c. Direct and cumulative impacts on employment and wages;
d. Direct and cumulative impact on agriculture, timber and related industries;
e. Direct and cumulative impacts on local retail and service industries;
f. Impacts on housing and related residential services such as water, sewer, sanitation, energy and communications;
g. Thresholds for business demand and markets; and
h. Direct and cumulative impacts on community stability and well being related to private ability to maintain current and future debt service.
C. Coordinate procedures to the fullest extent possible with the county, on an equal basis and not with the county as subordinate, prior to and during the taking of any federal, state or district action.
D. Meet with the county to establish, through a memorandum of understanding or otherwise, the process for such coordination, including joint planning, joint environmental research and data collection, joint hearings, and joint environmental assessments.
E. Submit a list and description of alternatives in light of possible conflicts with the county's laws, policies and plans; consider reconciling the proposed action with the county's laws, policies and plans; and after such consideration, take all practical measures to resolve such conflict and display the results of such consideration in appropriate documentation.
F. Not, in any environmental impact statement or otherwise, assume that any proposed actions would be consistent with county conditions or would have nonsignificant impact, without coordination and consultation with the county and review of data specific to the county.
G. In the absence of a direct constitutional conflict, coordinate with the county so as to comply with federal and state statutes and regulations, and county laws, policies and plans, including the comprehensive plan.
H. Take appropriate mitigation measures adopted with the concurrence of the county to mitigate adequately adverse impacts on culture, custom, economic stability or protection and use of the environment. Proposed mitigation measures shall, at a minimum:
1. Identify each impact which the mitigation measure is intended to address;
2. Identify the party or agency responsible for the implementation and monitoring of the proposed mitigation measure;
3. Specify for each mitigation alternative:
a. How impacts may be minimized by limiting the degree or magnitude of the proposed action;
b. How impacts may be rectified through repair, rehabilitation or restoration of the affected environment;
c. How impacts may be reduced or eliminated over time through preservation and maintenance over the life of the proposed action; and
d. How the agency could compensate for the impact by providing substitute resources of equal economic value;
4. Specify, for each mitigation measure, its legal authority, technical feasibility, fiscal and economic feasibility, and social, political and cultural feasibility;
5. Draft a detailed mitigation monitoring plan which shows as to each mitigation measure, specific objectives and performance standards to ensure the implementation of mitigation measures during the life of the plan, program or project.
I. Not violate through regulatory means or otherwise any private property rights of citizens of Malheur County.
J. Avoid taking actions that have the effect of obstructing or making agricultural and livestock production of timber and wood products production or mineral extraction economically infeasible in Malheur County.
K. Act to preserve important historic, cultural and natural aspects of our county heritage, as determined by Malheur County.
L. Consider the historic and current use of water when the proposed action could have an effect on existing water rights or uses and coordinate any action which may affect the management of river flows, sources or uses of irrigation water within the county.
M. Coordinate the acquisition of water rights with the county to ensure that all water rights are protected.
N. Coordinate with the county in the planning and management of the county's natural, cultural, economic, environmental resources related to air and water quality. (Ord. 135, 12-5-2001)